andraw (Article (CMA)) 19 November 2013

Nri divorce

I have a friend resides in UK. She has a daughter having 2 year age and British Passport, she is Permanent Resident (PR) holder, her husband (on dependent visa) has left the UK and come to India leaving her with heavy debt in UK on his name (borrowed and never repay). He wants her to leave UK and stay permanently in India. My sister want to stay in UK with her daughter, she has good job. She wants divorce form him. Her daughter is in India with her parent. What procedure she has to follow? will she can get the custody of her daughter? Her husband is doing nothing here and also left job over 2 month before coming to India.

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Sanjay Thampi (Lawyer) 19 November 2013

she can very well file a divorce petition before the UK court dealing with divorce since she is a citizen of UK. She can also seek for the custody of her daughter who is a permanent resident of UK alike her mother. Even if the indian court grants custody of the child, it will place some restrictions of which the first and foremost one will be that it will ask to surrender of the passport of the child before the court until the final determination of the guardianship. There is every chance of stiff objection from the part of husband in getting the custody of the child and the process will be delayed infinitly.

It is advisable that you may console the husband and ask for the custody of the child by paying some amount as compensation and fly abroad.

In that event, Indian courts cannot compell her to bring back the child to India as it will not be having any jurisdiction over there.

For more info, pls contact: (Kerala)

E-mail: sanjaythampi@gmail.com

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